Plight of a physically handicapped RTI Activist of Odisha who was mercilessly
brutalised and is now under hospitalization in Orthopedic Ward of SCB Hospital
at Cuttack - A Report
The RTI Act was enacted in 2005 with a mandate to contain corruption and enforce transparency
and accountability in the administration of the country. Since beginning, it
has been proved as the biggest ever weapon in the hands of RTI Activists and
RTI Users to fight out corruption and irregularities in functioning of Government
and to bring about transparency and accountability in the implementation of its
schemes and programmes. Due to their
relentless bravery in such fight against corruption, the RTI Activists
have also been targeted by the vested interest groups in nexus with corrupt
officials. There have been umpteen instances where they have been mercilessly
attacked, implicated in false cases, physically beaten up and even
murdered.
Within 10 years implementation of the RTI Act in
Odisha, two RTI Activists Ganesh Prasad Panda of Berhampur in Ganjam district and Krupasindhu Sahu of
Niali in Cuttack district were murdered in December 2014 and
January 2015 respectively. Besides,
a good number of RTI Activists ( more than 30 ) were physically attacked, tortured,
manhandled and beaten up at the instance
of the vested interest groups using the
anti-social elements supari goons, alone in Odisha. Moreover, quite many cases go unreported
due to indigent condition of the victims, unresponsiveness of the
police-administration and apathy of media persons. In absence of any police action and genuine investigation into such cases of
victimization and also in absence of any robust mechanism for protection of RTI Activists, attack on anti-corruption RTI Activists
in Odisha is rising day by day. Despite all this it is also true that more and more activists are coming
forward spontaneously to fight against corruption by using the RTI tool.
The latest attack has been perpetrated against a
committed anti-corruption RTI activist Sri Keshab Mahakud, a middle-aged, physically handicapped man (one limb is lost) belonging to Kashikiari village in Nayagarh district of Odisha. He fell a victim of conspiracy by a nexus of unscrupulous politicians, corrupt
officials of police and administration at district level and anti-social
elements, for his
constant endeavour to use RTI to expose their illegal and ant-people activities. On 22.9.15, on his way to Bus
stand, a gang of 6 hooligans (Baru Parida, Kahnei Nayak, Nibasi Parida, Nalu Parida, Bharat Nayak, Ashok
Nayak ) attacked
him and mercilessly hit him with lethal weapons including an iron rod
damaging his two legs and one hand
permanently. All the crucial documents such as his voter ID card and BPL Card were snatched away by the miscreants. As a result of
multiple bruises and profuse bleeding caused by this sudden but pre-meditated
attack, Sri Mahakud fell unconscious and the goons abandoned him on the spot. However,
after getting telephone call from some unknown source , the police staff of Mahipur Police Outpost rescued him and sent
him to Nayagarh Hospital for treatment,
where from he was again transferred to the
Capital Hospital, Bhubaneswar, and finally from there to the S.C.B. Medical
College and Hospital, Cuttack where he is now struggling for normalcy in Bed
No. 315 of Orthopedic Ward, with his wife at his bedside.
Being briefed from media sources, a team of social activists Sri Pradip Pradhan, Sri Rohan Mohanty, Sri Soumya Ranjan Pradhan and Sri Pratap Sahu visited
the SCB Hospital Cuttack on 29th Sept. 2015 to meet the victim Sri Mahakud. They expressed their solidarity with
his noble cause and assured to take up the issue of attack on him with different
authorities at Central and State levels, so as to provide him justice.
It is worth mentioning here that though Sri Mahakud
was ceaselessly engaged in fight against corruption at district level using the
RTI as a tool over the years, he was little known to the RTI activist groups
operating at State level. As such the members of the visiting team were unaware
about his activities. But, on a rapid enquiry into media reports along with
information from local sources, the team members got to know the train of facts
and circumstances leading to the latest attack on him coupled with various episodes
of the past in which he was subject to attack by the goons employed by vested
interest groups in connivance of the police and administration and also to false
cases instituted by the police resulting in his arrest and imprisonment.
The excerpts from the interview
with victim Sri Kesab Mahakud on harassment, torture, false cases by the police against him-
1.On 14.12.14, Sri Mahakud had filed RTI Application to the PIO, office
of DFO, Wildlife, Nayagarh seeking information about total number of deer in
Kuanria Deer Park, Dasapalla and total expenditure made for maintenance of the
Park etc. On 1.1.2015, on the occasion of observation of New Year Day, a feast with deer meat was organised
at Forest Bungalow near Kuanria Dam
in Dasapalla in the presence of Sri Arun sahu,
Minister of State for Law, Govt. of Odisha, Sri L.N. Behera DFO
Wildlife, Sri P.K. Mandhata ACF, Sri Rabi Kar Ranger and some others. The Deer used for the feast was brought t
from the nearest Kuanria Deer Park. Sri
Keshab Mahakund was called by the Ranger to that Forest Bugalow for a discussion
about the information to be supplied to him. After reaching there, he noticed two
forest guards preparing the deer meat to
be served to the invitees. He took a photograph of it and ran away. However, a forest guard had noticed it. He informed to the Ranger about it. Sri
Rabi Kar, Ranger immediately rushed to capture Sri Keshab Mahakud and nabbed
him at Sariganda village. He took away the
mobile phone of Keshab and severely beat him up. As he is a physically handicapped person,
he could not resist him. However, on the
same day, Keshab sought to file an FIR
in Dasapalla Police Station. As the police did not register his FIR, he sent a complaint
petition to the Chief Minister and as well to the Governor, Odisha seeking
justice.
2. Finding no justice from any quarters, he sat on Dharana in front of Odisha
Legislative Assembly on 12.2.15 demanding action against the police and enquiry
into the deer feast. Sri Tapan Patnaik,
ACP, Capital Police Station persuaded him to go to the police station to sort
out his grievance. However, on reaching there
he was locked up in the police station and handed over to Sri Abhimanyu
Nayak Sub-Divisional Police Officer (SDPO) Nayagarh and to the Inspector
In-Charge, Itamati Police Station (90 kms from Bhubaneswar) who
were specially called for it. Sri Nayak carried him to the Itamati Police Station,
framed false charges against him and sent him to jail on the next day. He spent 6 days each in Nayagarh Jail and
Choudwar jail and got free after the lower court granted him bail. He was released
from jail on 28.2.15.
3. After being released from the jail, he wrote a letter to Crime Branch, Odisha seeking
enquiry into the
police atrocity perpetrated against
him demanding action against SDPO, Nayagarh, SDPO, Sharanakula, and Sri Manoranjan Mohanty,
Superintendent of Police, Nayagarh.
4. Besides Sri
Mahakud was also engaged in exposing
the corruption and malpractice of the police and their nexus with the criminals
by way of using RTI. On 8.5.15, a
gang of dacoits along with driver murdered
the owner of the vehicle
carrying liquor loaded Truck inside Panchupandab Forest and sold the liquor to liquor shop owners. On 22.5.15, Sri Abhimanyu
Nayak, SDPO, Nayagarh along with police staff arrested the dacoits and the
driver and seized liquor from the shop
owners. But the police did not take any step
against the liquor shop owners taking huge bribe from the latter and released them
from the police station itself. On 20.6.15, Sri Abhimanyu Nayak, SDPO, Nayagarh and
Inspector-In-Charge, Nuagaon seized 25 kg of Ganja each from Bipra Parida and
Manu Nayak of Sikrida village and later on released them by taking huge bribe from
them. Similarly, the same team of SDPO and the IIC seized a Pick-up Van
carrying 6 quintals of Ganja on 14.8.15 and later on released the dacoits without taking
any action. Sri Mahakud made query and filed a complaint against the SDPO and
IIC, Nayagarh before the Superintendent
of Police, Nayagarh who however remained silent. Keshab also submitted an RTI application seeking
information about the details of quantity of Ganja seized and action taken by
the police and status on the arrest of the
criminals involved.
5. In his fight
to expose the nexus of the police
with the criminal gangs, Keshab gave a notice
to sit on Dharana in front
of Odisha Assembly on 25.8.15 demanding
enquiry and action against
the police officers of Nayagarh
district. On 22.8.15, Sri Abhimayu Nayak, SDPO,
Nayagarh called him at 9 PM to his
residence and offered him Rs. 40,000/- for withdrawal of the proposed Dharana. Keshab
refused to receive it and left the place.
When he was on his way to Bhubaneswar, the SDPO, Nayagarh sent five
hooligans who obstructed him and by showing revolver asked him to sign a plain
paper. When he refused, they beat him black
and blue. When he shouted, the people gathered and the armed goons left the
place. He immediately filed an FIR in Bolagarh Police Station. The police registered his case (Case
No. 136/2015) under Sections 341/323/506/34 of IPC and Section 25 of Arms Act. On 23.8.15, he received a Copy of FIR from Bolagarh police station and prepared
himself to travel to Bhubaneswar in connexion with the proposed Dharana on
25.8.15. On the same day the same SDPO
showed an allegation of atrocity case filed against him and arrested him on the
way. He kept his two-wheeler vehicle in Bolagada Police Station. He was produced
in the court and sent to Jail on 23.8.2015 itself. He was released on 3.9.15 and
went to Bolagada police station to bring back his vehicle. Reaching there, he
came to know that the vehicle had been
taken away by the SDPO, Nayagarh. He then went to the SDPO, Nayagarh to get
back the vehicle. Whe he reached there,
the SDPO again beat him up and took his
mobile. After returning from the police
station, he went to meet the SP, Nayagarh on 7.9.15 to file a complaint against
the SDPO, Nayagarh. On his way, he was
again kidnapped by a group of hooligans
(Ashok Nayak, Baru Parida, Kanhei Nayak and Bhimasen Nayak) to Manibandh
Cashew Jungle and beaten up there severely. As he shouted, the
boys watching the cows came to his
rescue. The hooligans left the place and the police staffs of Begunia Police Station rescued him. Though he filed an FIR , the Begunia Police
refused to receive it. He returned to his home disappointed.
On 22.9.15, when he was on his way to Nuagaon Police Station
to know the status of his case filed earlier, he was held up by a gang of miscreants and taken to a field
where he was attacked and mercilessly beaten up with lethal weapons. His leg
and hand were broken and he was left
unconscious. He was rescued by police
staffs of Mahipur Police Outpost and admitted in Nayagarh District hospital.
Then he was referred to the Capital Hospital and finally admitted in S. C.B.
Medical College and Hospital, Cuttack for treatment. His son has filed an FIR in Nuagaon Police station on the same day on 22.9.15
against Sri Bhima Nayak, Sri Nalu
Parida, Sri Bijay Parida, Sri Baru Parida, Sri Kanhei Nayak and Sri Ashok
Nayak. His case has been registered under Sections 341/323/325/307/379/34 of IPC. Though one week has passed since then, the
police has not arrested the culprits.
Observations of the Visiting
Team
Sri Mahakud has
thus been a victim of criminal –police nexus and suffered due to his constant fight against corruption in general and corrupt police
officials in particular by using RTI as a tool. He is now battling for recovery,
but his condition is very critical. As his BPL
card has been taken away by the miscreants, he is not able to avail the free
provisions of the Hospital. His wife is the only person attending him at is
bedside. His bed no. Is 315 in Orthopedic Ward of SCB Medical College and
Hospital Cuttack. The interested persons may meet him and extend financial
assistance for his treatment expenses and as well solidarity with the cause for
which he has suffered so much.
Besides, the case of brutal attack on Sri Mahakud being
a frontal challenge to RTI activism and anti-corruption campaign in the State,
there is an imperative need for all the RTI users and anti-corruption activists
to get together in a single civil society platform to raise their united voice
of protest against such attacks.
Our Demands -
- An indepth enquiry into the facts and circumstances including the police-goons nexus, behind the brutal attack on anti-corruption activist and RTI user Sri Keshab Mahakud;
- Arrest and action against the culprits responsible for the brutal attack on Sri Keshab Mahakud, basing upon the FIR lodged in this behalf;
- Adequate compensation by the State Government to Sri Keshab Mahakud, an anti-corruption activist and RTI user, who has been subject to brutal attack by the goons in connivance of the police;
- Free medical treatment to survivor victim Sri Keshab Mahakud, who is now undergoing treatment in Orthopedic Ward of SCB Medical College and Hospital Cuttack;
- Setting up a Protection Cell in the office of DGP Odisha for prompt intervention in any incident of attack on anti-corruption activists and RTI users for rescuing them and nabbing the culprits, and maintenance of a Help Desk in every Police Station for the similar kind of intervention at local level; and
- Odisha Information Commission to take suo motu cognizance of the attack on RTI user and anti-corruption activist Sri Keshab Mahakud and recommend to the concerned public authorities the needful measures to be taken for amending their objectionable pattern of behaviour towards an RTI user like Sri Mahakud.
Report prepared by
Pradip Pradhan
RTI Activist and State
Convener, Odisha Soochana Adhikar
Abhijan
M- 9937843482
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